Janani Ashish Charitable Trust v. Stefano Geroldi And Claudia Facchini And Falguni Geroldi (Minor)

47-FAP-2-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION FOREIGN ADOPTION PETITION NO. 2 OF 2025 WITH JUDGE'S ORDER NO.6 OF 2025 IN FOREIGN ADOPTION PETITION NO. 2 OF 2025 JANANI ASHISH CHARITABLE TRUST )...PETITIONER V/s.

STEFANO GEROLDI AND )...PROSPECTIVE CLAUDI FACCHINI )...ADOPTIVE PARENTS AND FLAGUNI )... MINOR Mr. Rakesh K. Kapoor i/b Rakesh Kapoor and Co. for the Petitioner. Ms. Vandana Patil, Dy. Director of Petitioner. Mr. O. Hareendran, Scrutiny Officer, ICSW present. Ms. Sara Andries, Translator through VC.

Both prospective Adoptive parents present through VC. Ms. Gulia Crippa, Representative of AFFA, Italy, International Adoption through VC present.

Mr. Dilip Gurav, Chamber Registrar present.

CORAM

:

ABHAY AHUJA, J.

DATE :

13th FEBRUARY 2025 ( IN CONFERENCE ROOM) P.C. :

1.

Pursuant to the order dated 23rd January, 2025, today when the matter is called out, Mr. Kapoor, learned Counsel appears for the Petitioner and tenders across the bar further report from MEHALA, the Authorised Foreign Adoption Agency (the "AFAA"), certificate from Dr. Nikita Gadgil 1/2

47-FAP-2-2025.doc Roberto Verri, Surgeon and Pediatric Specialist and an affidavit of the proposed adoptive parents, which this Court has perused and taken on record.

2.

It is observed that the Pediatric Specialist is not equivalent to a Civil Surgeon in Mumbai nor do the further submissions clearly indicate that the prospective adoptive parents have day to day assistance in taking care of Falguni's special needs nor is there any mention about the emotional maturity of prospective adoptive parents. The further submissions also do not clearly indicate the State facilities and entitlements for Falguni's treatment, care, rehabilitation and dignified life with her attendant condition, disabilities and special needs, although there is a general reference to the same. 4.

This Court, therefore, deems it appropriate to adjourn the matter to give further opportunity to the Petitioner to comply with the order dated 23rd January, 2025.

5.

List on 20th March, 2025.

(ABHAY AHUJA, J.) Privacy Warning : No part of this order be uploaded or any public domain or portal without this Court's express permission.

Nikita Gadgil 2/2 NIKITA YOGESH GADGIL by NIKITA YOGESH GADGIL Date:

2025.02.14 16:30:21 +0530